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[rocco69]

When you issued the checks, was the name of the payee blank?

 

Fellow MTC'ers.

 

Just this March 2014, a lending firm (lets term this as company A) that i once owed closed shop..as in they got bankrupt. I still owe them a sum of money and nag-issue ako ng checks. Now, another company (named company . Now, company B is saying that they are the holdings firm of company A since company B is the re-discounting firm of company B. My contract is ONLY with Company A and now company B is threatening to sue me for BP 22. When I asked for a copy of the checks I issued, ,I was surprised that their company name (company is now on the face of my checks (not my handwriting) but was stamped (yes, rubber stamp was used) on the face of the checks. Last communication they sent is via SMS threatening to sue me for "Sum of Money" and will levy any possession/properties.

 

Now, what rights does company B have over my checks? They say that company A, before going bankrupt, issues a circular/board resolution authorizing company B to collect loan payments for their clients (clients of company A). - does a simple board resolution gives company B the rights to collect for another company who is now closed/bankrupt/dissolved?

 

My contract also says that I owe company A and NOT company B --does the board resolution of company supersede the contract and that I now owe company B? I know my obligations, but I just want to be sure that whatever I am/going to pay is going to the right people/company.

 

Can I sue them in tampering with my checks?

 

What other options/actions can I do?

[jkiwa]

When you issued the checks, was the name of the payee blank?

 

 

 

I saw that they stamped the name of their company (company A) only...they also let me validate the name of the company (again just company A)

[sleep_heavy]

hello atty

 

aside from terminating an employee..can a manager file a case in court by accusing his subordinate of saying p.i. at him?

 

anybody can file a case in court as this is a guaranteed right enshrined in the third article of the constitution HOWEVER this does not guarantee such an action is FINANCIALLY PRUDENT nor is it a meritoriously sound to bring to a court of Law.

 

Verbal slander such as which you described could be resolved without clogging the court dockets. In the eyes of a competent court of proper jurisdiction such a case may be best resolved in ARBITRATION AND COMPROMISE it would be more ideal for all the parties if this were settled by other modes of Resolving Dispute other than a Full Blown Court Trial. it's not easy Securing Justice in Court and you can win or loose either way... The caveat here is To Be Careful What You Ask For so you do not end up regretting... the maxim about ants and molehills will probably apply in your case... ma ayos na siguro yan sa friendly conversation supervised by a trusted third party other than a court.

[dreemo]

Anyone here to help me regarding the upgrading of PCAB contractor's license.

 

response will be greatly appreciated.

[rocco69]

1. does a simple board resolution gives company B the rights to collect for another company who is now closed/bankrupt/dissolved?

 

A company can authorize another person [in this case, Company B] to collect the debts other persons owe it. Since a Company can act only through its Board, this would have to be by a Board resolution. Notably, Company B will have to prove that the resolution exists and is authentic.

 

Note: Hindi dahil bankrupt yung company ay inexistent na ito, kailangan may petition to dissolve the company sa SEC (na approved ng SEC), or revocation ng articles of incorporation nito.

 

2. does the board resolution of company supersede the contract and that I now owe company B?

 

Not necessarily. Ang utang mo ay sa Company A, therefore dapat sa Company A ka lang may obligasyon. Kaya lang... baka naman kasi may clause sa kontrata mo na nagsasabi na pwede nila i-assign ito sa iba without your consent 9pero dapat mayron ding Deed f Assignment pag ganun]. Kung walang ganitong clause at Deed of Assignment, sa Company A ka lang may utang, at collecting agent lang ang Company B, at the most (their right to collect has to be supported by a Board resolution).

 

3. Can I sue them in tampering with my checks?

 

Pwede mong kasuhan ng falsification of commercial documents, kasi ayon sa iyo, pangalan ng Company A ang nakalagay sa cheke nung ibinigay mo ito sa Company A. Ito ay violation ng Article 172, in relation to Art. 171(6) [Making any alteration or intercalation in a genuine document which changes its meaning].

Kaya lang, kailangan matibay ang ebidensya mo na sa Company A nga nakapangalan yung cheke nung ibinigay mo ito, at kailangang maituro rin kung sinong tao sa Company B ang nagbago ng cheke.

 

4. What other options/actions can I do?

 

Hingin mo yung Board resolution, tapos i-check mo kung tutoo ito (dapat meron itong sworn certification ng Board Secretary ng Company A)

 

I saw that they stamped the name of their company (company A) only...they also let me validate the name of the company (again just company A)

Edited November 28, 2014 by rocco69

[wildswans]

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[capt KK]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

Edited November 30, 2014 by kantooot_kita

[rocco69]

the Bank Secrecy Law [RA1405]?

 

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[Google]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

 

i am not a labor lawyer, but there should not be a hindrance to your promotion if you are to be promoted to your position wherein no carrying or lifting is done. after all you have been transfered, not terminated because of the acquired illness.

[capt KK]

Copy thanks.

[tantricmaster]

Hi,

 

May I ask what is the danger in having sex with a minor?

 

If you have sex with her in a motel, is that ok?

 

If you get an escort that is a minor, and wait for her in your hotel room, does that make it safe?

 

thanks

[rocco69]

1. what is the danger in having sex with a minor?

 

The danger is that it is ILLEGAL!

 

Republic Act 7610, Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

 

The penalty of reclusion temporal in its medium period to reclusion perpetua [14 years, 8 months and 1 day to LIFE] shall be imposed upon the following:

 

xxx xxx xxx

 

( b ) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;

 

 

2. If you have sex with her in a motel, is that ok?

 

The law does not differentiate where you have sexual intercourse with the minor.

 

 

3. If you get an escort that is a minor, and wait for her in your hotel room, does that make it safe?

 

Republic Act 7610, Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

 

There is also an attempt to commit child prostitution, under paragraph ( b ) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed [2 years, 4 months and 1 day to 8 years] upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

Edited December 2, 2014 by rocco69

[tantricmaster]

Thank you very much Sir Rocco for making it very clear.

 

My friend is 18 kasi, and shes referring me to her friends who are in need. Young single moms. the problem is they are only 17.

Sayang, I couldnt do anything about it

[capt KK]

Good day.

 

I have a friend na born in the USA, she's 18 yo and shes living in the Philippines for many years na. She's asking what to do to make her a citizen here so she work. She's practically " overstaying/illegal alien".

[cheper]

Hello MTC Lawyers,

 

Im in dire need of your expertise..

Currently, im renting an apartment for more than 5 years now, and ever since they dont issue an OR for our payments. In short, di po sila nagbabayad sa BIR ng tax pertaining to the business that they have ( 4 unit apartments ). my family had been in a very difficult situation right now where in we cant pay the monthly rent religiously, sometimes we asked for an extension ( seek loans from relatives ) just to pay the rent. The owner of this apartment lives in the US, she has a caretaker that manage the apartment ( sort of ) or does the singil. Now it comes to a point, na masyado na kami pinapahiya ng care taker when she tries to collect the rent of the apartment that even my 7yo daughter naapektuhan na to the point na minsan umiiyak ang anak namin just thinking pa papalayasin kami sa bahay. We are given until the end of december to vacate the apartment, which we need to comply. My questions are :

a. We still have outstanding balance-do we need to settle it before we can vacate the apartment? or can i just issue a promissory note for that? Do they have the right to with hold any of our things, or appliances as a collateral to the balance that we have?

b. If we're going to Barangay can I tell the Barangay that they dont have any business permit or barangay permit to operate the business? Can they forcefully collect the balance since given they dont have any legal premise ( no business permit - meaning illegal business, as what i understand it ).

 

Thank you so much Lawyers!!